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<h2>JWSDP License</h2>
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<pre>JAVA(TM) WEB SERVICES DEVELOPER PACK, VERSION 1.4<br>Sun Microsystems Inc. Software License Agreement<br><br><br></pre>
SUN IS WILLING TO LICENSE THE ACCOMPANYING BINARY SOFTWARE IN MACHINE-
READABLE FORM, TOGETHER WITH ACCOMPANYING DOCUMENTATION (COLLECTIVELY
"SOFTWARE") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE
TERMS AND CONDITION CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. READ
THE TERMS AND CONDITIONS OF THIS SOFTWARE LICENSE AGREEMENT CAREFULLY
BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS SOFTWARE LICENSE
AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE
YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE
END OF THIS SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO ALL
THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" BUTTON AT THE END OF THIS SOFTWARE LICENSE
AGREEMENT . <br>
<br>
LICENSE TO EVALUATE EA SOFTWARE: The Binary Code License Agreement
("BCL") and the Evaluation Terms ("Evaluation Terms") below shall apply
to the portions of the Software identified as Early Access in the
Software's Release Notes. The BCL and the Evaluation Terms shall
collectively be referred to as the Evaluation Agreement ("Evaluation
Agreement"). <br>
<br>
LICENSE TO USE FCS SOFTWARE: The BCL and the Supplemental Terms
("Supplemental Terms") provided following the BCL shall apply to
portions of the Software identified as FCS Software in the Software's
Release Notes. BCL and the Supplemental Terms shall collectively be
referred to as the Agreement ("Agreement"). <br>
<br>
<br>
EVALUATION TERMS<br>
<br>
The terms of the Evaluation Agreement shall apply to portions of
Software identified as Early Access in the Software's Release Notes
("Software"). These Evaluation Terms add to or modify the terms of the
BCL. Capitalized terms not defined in these Evaluation Terms shall have
the same meanings ascribed to them in the BCL. These Evaluation Terms
shall supersede any inconsistent or conflicting terms in the BCL below,
or in any license contained within the Software. <br>
<br>
I. LICENSE TO EVALUATE. Sun grants to you, a non-exclusive,
non-transferable, royalty-free and limited license to use one (1) copy
of the Software internally for the purposes of evaluation only for one
hundred eighty (180) days after the date you download the Software from
Sun ("Evaluation Period"). No license is granted to you for any other
purpose. You may not sell, rent, loan or otherwise encumber or transfer
the Software in whole or in part, to any third party. Licensee shall
have no right to use the Software for productive or commercial use. <br>
<br>
II. DUTIES. You agree to evaluate and test the Software for use in your
software environment and provide feedback to Sun in a manner reasonably
requested by Sun. Any and all test results, error data, reports or
other information, feedback or materials made or provided by you
relating to Software (collectively, "Feedback") is the exclusive
property of Sun and you hereby assigns all Feedback to Sun at no cost
to Sun. Sun may use such Feedback in any manner and for any purpose,
without limitation, liability or obligation to you. <br>
<br>
III. CONFIDENTIAL INFORMATION. For purposes of the Evaluation
Agreement, "Confidential Information" means: (i) business and technical
information and any source code or binary code, which Sun discloses to
Licensee related to Software; (ii) Licensee's feedback based on
Software; and (iii) the terms, conditions, and existence of this
Agreement. Licensee may not disclose or use Confidential Information,
except for the purposes specified in this Agreement. You will protect
the Confidential Information with the same degree of care, but not less
than a reasonable degree of care, as Licensee uses to protect its own
Confidential Information. You must restrict access to Confidential
Information to your employees or contractors with a need for access to
perform their employment or contractual obligations and who have agreed
in writing to be bound by a confidentiality obligation, which
incorporates the protections and restrictions substantially as set
forth in this Agreement. Your obligations regarding Confidential
Information will expire no less than five (5) years from the date of
receipt of the Confidential Information, except for Sun source code
which will be protected in perpetuity. You agree that Software contains
Sun trade secrets. Notwithstanding any provisions contained in this
Agreement concerning nondisclosure and non-use of the Confidential
Information, the nondisclosure obligations of this section will not
apply to any portion of Confidential Information that you can
demonstrate in writing is: (i) now, or hereafter through no act or
failure to act on the part of you becomes, generally known to the
public; (ii) known to you at the time of receiving the Confidential
Information without an obligation of confidentiality; (iii) hereafter
rightfully furnished to you by a third party without restriction on
disclosure; or (iv) independently developed by you without any use
ofthe Confidential Information. <br>
<br>
IV. TERMINATION AND/OR EXPIRATION. Upon expiration of the Evaluation
Period, unless terminated earlier by Sun, you agree to immediately
cease use of and destroy Software. Either party may terminate this
Evaluation Agreement upon ten (10) days' written notice to the other
party. However, Sun may terminate this Evaluation Agreement immediately
should any Software become, or in Sun's opinion be likely to become,
the subject of a claim of infringement of a patent, trade secret or
copyright. Sun may terminate this Evaluation Agreement immediately
should you materially breach any of its provisions or take any action
in derogation of Sun's rights to the Confidential Information licensed
to you. Upon termination or expiration of this Evaluation Agreement,
you will immediately cease use of and destroy Software, any copies
thereof and provide to Sun? a written statement certifying that you
have complied with the foregoing obligations. Rights and obligations
under this Evaluation Agreement which by their nature should survive,
will remain in effect after termination or expiration hereof.<br>
<br>
V. NO SUPPORT. Sun is under no obligation to support Software or to
provide upgrades or error corrections ("Software Updates") to the
Software. If Sun, at its sole option, supplies Software Updates to you,
the Software Updates will be considered part of Software, and subject
to the terms of this Agreement. <br>
<br>
VI. LIMITATION OF LIABILITY. Licensee acknowledges that the Software
may be experimental and that the Software may have defects or
deficiencies, which cannot or will not be corrected by Sun. Licensee
will hold Sun harmless from any claims based on Licensee's use of the
Software for any purposes other than those of internal evaluation, and
from any claims that later versions or releases of any Software
furnished to Licensee are incompatible with the Software provided to
Licensee under this Agreement. <br>
<br>
VII. NO SUPPLEMENTAL TERMS. The Supplemental Terms following the BCL do
not apply to the Evaluation Agreement. Portions of Software identified
as Early Access in the Software's Release Notes may not be
redistributed even if identified as Redistributable in the Software's
Release Notes.<br>
<br>
VIII. Trademarks and Logos. You acknowledge and agree as between you
and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related
trademarks, service marks, logos and other brand designations ("Sun
Marks"), and you agree to comply with the Sun Trademark and Logo Usage
Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun
Marks inures to Sun's benefit. <br>
<br>
IX. Source Code. Software may contain source code that is provided
solely for reference purposes pursuant to the terms of this Agreement.
Source code may not be redistributed.<br>
<br>
X. Third Party Licenses. Additional copyright notices and license terms
applicable to portions of the software are set forth in the
THIRDPARTYLICENSEREADME file.<br>
<br>
Sun Microsystems, Inc. <br>
Binary Code License Agreement<br>
<br>
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE
MEDIA PACKAGE.? BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
TERMS OF THIS AGREEMENT.? IF YOU ARE ACCESSING THE SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.? IF YOU DO NOT AGREE
TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED
ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS
AGREEMENT. <br>
<br>
1.? LICENSE TO USE.? Sun grants you a non-exclusive and
non-transferable license for the internal use only of the accompanying
software and documentation and any error corrections provided by Sun
(collectively "Software"), by the number of users and the class of
computer hardware for which the corresponding fee has been paid. <br>
<br>
2.? RESTRICTIONS.? Software is confidential and copyrighted. Title to
Software and all associated intellectual property rights is retained by
Sun and/or its licensors.? Except as specifically authorized in any
Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes.? Unless
enforcement is prohibited by applicable law, you may not modify,
decompile, or reverse engineer Software.? Licensee acknowledges that
Licensed Software is not designed or intended for use in the design,
construction, operation or maintenance of any nuclear facility. Sun
Microsystems, Inc. disclaims any express or implied warranty of fitness
for such uses. ? No right, title or interest in or to any trademark,
service mark, logo or trade name of Sun or its licensors is granted
under this Agreement. <br>
<br>
3. LIMITED WARRANTY.? Sun warrants to you that for a period of ninety
(90) days from the date of purchase, as evidenced by a copy of the
receipt, the media on which Software is furnished (if any) will be free
of defects in materials and workmanship under normal use.? Except for
the foregoing, Software is provided "AS IS".? Your exclusive remedy and
Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software. <br>
<br>
4.? DISCLAIMER OF WARRANTY.? UNLESS SPECIFIED IN THIS AGREEMENT, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. <br>
<br>
5.? LIMITATION OF LIABILITY.? TO THE EXTENT NOT PROHIBITED BY LAW, IN
NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.? In no
event will Sun's liability to you, whether in contract, tort (including
negligence), or otherwise, exceed the amount paid by you for Software
under this Agreement.? The foregoing limitations will apply even if the
above stated warranty fails of its essential purpose. <br>
<br>
6.? Termination.? This Agreement is effective until terminated.? You
may terminate this Agreement at any time by destroying all copies of
Software.? This Agreement will terminate immediately without notice
from Sun if you fail to comply with any provision of this Agreement.?
Upon Termination, you must destroy all copies of Software. <br>
<br>
7. Export Regulations. All Software and technical data delivered under
this Agreement are subject to US export control laws and may be subject
to export or import regulations in other countries.? You agree to
comply strictly with all such laws and regulations and acknowledge that
you have the responsibility to obtain such licenses to export,
re-export, or import as may be required after delivery to you. <br>
<br>
8.? U.S. Government Restricted Rights.? If Software is being acquired
by or on behalf of the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the Government's rights
in Software and accompanying documentation will be only as set forth in
this Agreement; this is in accordance with 48 CFR 227.7201 through
227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48
CFR 2.101 and 12.212 (for non-DOD acquisitions). <br>
<br>
9.? Governing Law.? Any action related to this Agreement will be
governed by California law and controlling U.S. federal law.? No choice
of law rules of any jurisdiction will apply. <br>
<br>
10. Severability. If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate. <br>
<br>
11. Integration.? This Agreement is the entire agreement between you
and Sun relating to its subject matter.? It supersedes all prior or
contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter during
the term of this Agreement.? No modification of this Agreement will be
binding, unless in writing and signed by an authorized representative
of each party. <br>
<br>
SUPPLEMENTAL LICENSE TERMS<br>
<br>
These supplemental license terms ("Supplemental Terms") add to or
modify the terms of the Binary Code License Agreement (collectively,
the "Agreement"). Capitalized terms not defined in these Supplemental
Terms shall have the same meanings ascribed to them in the Agreement.
These Supplemental Terms shall supersede any inconsistent or
conflicting terms in the Agreement, or in any license contained within
the Software. <br>
<br>
A. Software Internal Use and Development License Grant. Subject to the
terms and conditions of this Agreement, including, but not limited to
Section C (Java Technology Restrictions) of these Supplemental Terms,
Sun grants you a non-exclusive, non-transferable, limited license to
reproduce internally and use internally the binary form of the Software
complete and unmodified for the purposes of designing, developing,
testing, and running your Java applets and applications intended to run
on the Java platform ("Programs"), except for certain files identified
in the Software "Release Notes" file which may only be used for the
purposes of designing, developing, and testing Programs.<br>
<br>
B. License to Distribute Redistributables. Subject to the terms and
conditions of this Agreement, including but not limited to Section 4
(Java Technology Restrictions) of these Supplemental Terms, Sun grants
you a non-exclusive, non-transferable, limited license to reproduce and
distribute those components specifically identified as redistributable
in the Software "Release Notes" file ("Redistributables") provided
that: (i) you distribute the Redistributables complete and unmodified
(unless otherwise specified in the applicable Release Notes file), and
only bundled as part of your Programs, (ii) you do not distribute
additional software intended to supersede any portion of the
Redistributables, (iii) you do not remove or alter any proprietary
legends or notices contained in or on the Redistributables, (iv) you
only distribute the Redistributables pursuant to a license agreement
that protects Sun's interests consistent with the terms contained in
the Agreement, (v) you agree to defend and indemnify Sun and its
licensors from and against any damages, costs, liabilities, settlement
amounts and/or expenses (including attorneys' fees) incurred in
connection with any claim, lawsuit or action by any third party that
arises or results from the use or distribution of any and all Programs
and/or Software, and (vi) if you distribute the Java Secure Socket
Extension package, include the following statement as part of product
documentation (whether hard copy or electronic), as a part of a
copyright page or proprietary rights notice page, in an "About" box or
in any other form reasonably designed to make the statement visible to
users of the Software: "This product includes code licensed from RSA
Data Security".<br>
<br>
E. Java Technology Restrictions. You may not modify the Java Platform
Interface ("JPI", identified as classes contained within the "java"
package or any subpackages of the "java" package), by creating
additional classes within the JPI or otherwise causing the addition to
or modification of the classes in the JPI. In the event that you create
an additional class and associated API(s) which (i) extends the
functionality of the Java platform, and (ii) is exposed to third party
software developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish broadly an
accurate specification for such API for free use by all developers. You
may not create, or authorize your licensees to create, additional
classes, interfaces, or subpackages that are in any way identified as
"java", "javax", "sun" or similar convention as specified by Sun in any
naming convention designation. <br>
<br>
F. Java Runtime Availability. Refer to the appropriate version of the
Java Runtime Environment binary code license (currently located at
http://www.java.sun.com/jdk/index.html) for the availability of runtime
code which may be distributed with Java applets and applications. <br>
<br>
G. Trademarks and Logos. You acknowledge and agree as between you and
Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET
trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related
trademarks, service marks, logos and other brand designations ("Sun
Marks"), and you agree to comply with the Sun Trademark and Logo Usage
Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun
Marks inures to Sun's benefit. <br>
<br>
H. Source Code. Software may contain source code that is provided
solely for reference purposes pursuant to the terms of this Agreement.
Source code may not be redistributed unless expressly provided for in
this Agreement.<br>
<br>
E. Third Party Licenses. Additional copyright notices and license terms
applicable to portions of the software are set forth in the
THIRDPARTYLICENSEREADME file.<br>
<br>
G. Termination for Infringement. Either party may terminate this
Agreement immediately should any Software become, or in either
party'sopinion be likely to become, the subject of a claim of
infringement of any intellectual property right.<br>
<br>
For inquiries please contact: Sun Microsystems, Inc. 4150 Network
Circle, Santa Clara, California 95054.<br>
<br>
(LFI#139876/Form ID#011801)<br>
<br>
<br>
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